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(영문) 서울고등법원 2017.06.15 2012재노52
간첩등
Text

The judgment below

The part against the defendant shall be reversed.

The defendant is not guilty. The summary of the judgment against the defendant.

Reasons

1. Summary of grounds for appeal;

A. In Japan, such as Defendant 1’s misunderstanding of facts, etc., Japan is not punishable in the Republic of Korea.

B) The Defendant, as a student pro-Japanese, did not praise North Korea in order to see the good points and bad points of the Notarialism while studying Dominism as one of the theories.

C) The Defendant conspiredd with D, E, etc. as a faculty member, and only has been married to North Korea in order to reach friendly life.

D) Information that the Defendant came to know by means of the daily life, school life, etc. in Seoul is not detected or collected through a remote method, but does not constitute objectively important secrets of the State, and there was no objective or intent to inform the enemy. Since North Korea is not an independent state, but an anti-state organization, it does not constitute espionage. Thus, the Defendant’s act does not constitute espionage.

E) The act of detecting or collecting national secrets and informing or benefiting from the State secrets, which were detected or collected, does not constitute a separate crime by absorbing and absorbing the crime of espionage.

F) Nevertheless, the court below found all of the charges of this case guilty. The court below erred by misunderstanding the facts and misunderstanding the legal principles.

2) The lower court’s improper sentencing is too unreasonable.

B. The lower court’s sentencing is too uncomfortable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor, the health team ex officio, and, at the same time, meet with the members of the anti-state organization, knowing that the prosecutor’s disclosure of state secrets by submitting a report (in the form of report or filing a report) at the end of each paragraph of Article 14, 21, 29, 38, 49, 58, 70, 77, and 105 of the indictment as stated in the indictment at the trial prior to the commencement of the review by the prosecutor, thereby benefiting from the members of the anti-state organization.

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